Successful Claims

[howruimsteve]

Just recieved a letter from HBOS offering me a full settlement of £685 after sending an LBA. Very pleased, will donate as soon as my cheque arrives!

[chancer]

Hi there,

I have a query which perhaps someone might be able to help with. I was thinking of going into my bank of Scotland branch tomorrow to sit down with my manager and ask for the charges to be refunded. Not a lot as it amounts to aprox £250 to £300 since been with them. I’m assuming since I have only been with them aprox 3 years the manager can surely look this up on the computer to see. I’m hoping (fingers crossed) the same manager can then put this refund thru the same day.

But I'll have more coming as I just had to go over my arranged overdraft while on the ferry to Ireland this week - oops!

My question to you is would I be wasting my time in doing it face to face or should I do it via the letter form?

Kind regards,

Patrick

Just recieved a letter from HBOS offering me a full settlement of £685 after sending an LBA. Very pleased, will donate as soon as my cheque arrives!

[WILKINSS208]

i would do in writing then you have evidence you have done it, and they have to reply!!!

[chancer]

Thanks for the advice as this is what I'll do and it's a case of watch this space.

i would do in writing then you have evidence you have done it, and they have to reply!!!

[chancer]

Hello again,

 

Can I claim from a closed bank account which is also with the same bank and just closed aprox 6 months ago?:?

i would do in writing then you have evidence you have done it, and they have to reply!!!

[change-it]

Yes you can claim form a closed bank account-go get it!

[chancer]

Thanks for the feedback and it's a case of watch this space now.

Yes you can claim form a closed bank account-go get it!

[change-it]

It'll be worth the wait:D

[change-it]

PS, Chancer

You should start a thread in your own bank link and there you will get all the help, advice and support you need.

This one is for 'Successful Claims'

Good Luck

Change-it

[chancer]

Thanks again for the feedback. As you probably have guessed I'm new to this. Would you mind telling me how do I go about opening my own bank link like you suggested?

PS, Chancer

You should start a thread in your own bank link and there you will get all the help, advice and support you need.

This one is for 'Successful Claims'

Good Luck

Change-it

[change-it]

No probs -we've all been there too!

Just halifax-bank-bank-scotland/ and start a new thread and then you'll get all the help you need .Everyone is great.Just ask for help and someone will always give you a reply.

[chancer]

Once again thanks for the advice and I'll try that out.

No probs -we've all been there too!

Just halifax-bank-bank-scotland/ and start a new thread and then you'll get all the help you need .Everyone is great.Just ask for help and someone will always give you a reply.

[happydj]

Personal family trouble (dad on life support) means I accepted.

 

Offer of £945 (about that)

Telephoned and spoke to Lynn

Offer accepted as partial payment - WILL be continue with claim

Offer raised (over phone) to £1500

Offer ACCEPTED 14th March

 

Claim Stopped - I won (accepted offer) - £1500 for a £1609 claim

[chancer]

Fair play and congrats on the victory. Hope things goes welll for your Dad.

Personal family trouble (dad on life support) means I accepted.

 

Offer of £945 (about that)

Telephoned and spoke to Lynn

Offer accepted as partial payment - WILL be continue with claim

Offer raised (over phone) to £1500

Offer ACCEPTED 14th March

 

Claim Stopped - I won (accepted offer) - £1500 for a £1609 claim

[hedgehog0045]

Thought I would put my win in here

 

Claimed £4415 for charges...

Offered me £3010 as full settlement... DECLINED but negotiated them up to £4000...ACCEPTED...

 

Just awaiting payout now

[georgel29]

Woooooooooooon!!!!!!!!!!! !!!!!!!!!!!!!

I WOOOOOOOOOOOOON!

After sending Prelim letter,LBa,i decided to wait 8 weeks for the answer from the bank,which was up today.This morning got letter saying tha they are still loking at my claim,so decided to file MCOL.I submited my claim and after 5 min ,phone rang........gues who?A customer relations manager,ofering me £3000.

My claim through MCOL came to £4497,so I said no,cause just filed in court,so he said £4000!

So I said ok,letter in post for settlement,he said!

Phoned MCOL,explained ,and they will refund me £120,as the claim didn't go ahead yet!

In total £4120!!!!!!!!!!!!!!!!!!!! !!!!

I hope Evrybody gets it back!!!!!!!!!!!!!!!!!!

Donation as soon as get the money in acc.

Thank you ,guys!!!!!!!!!

I couldn't do it witjout you!!!!!!!!!!!!!!!!!!!!!! :grin: :grin: :grin: :grin:

vbrep_register("648394")

[jowalshy]

Hi there. I have just WON against Halifax. Yipeeeeeeeeee

 

Prelim Letter:- 03.03.07

Offer full amount £761.00 today 16.03.07 accepted

 

p.s just donated 5% to you wonderful people.

 

Thanks a bunch you have been amazing

[Tricey]

Hello, The Halifax have until 26th March to send me a copy of my charges. Do they normally wait until the last minute? Tricey

[chancer]

Congrats.

Hi there. I have just WON against Halifax. Yipeeeeeeeeee

 

Prelim Letter:- 03.03.07

Offer full amount £761.00 today 16.03.07 accepted

 

p.s just donated 5% to you wonderful people.

 

Thanks a bunch you have been amazing

[chancer]

Congrats.

Woooooooooooon!!!!!!!!!!! !!!!!!!!!!!!!

I WOOOOOOOOOOOOON!

After sending Prelim letter,LBa,i decided to wait 8 weeks for the answer from the bank,which was up today.This morning got letter saying tha they are still loking at my claim,so decided to file MCOL.I submited my claim and after 5 min ,phone rang........gues who?A customer relations manager,ofering me £3000.

My claim through MCOL came to £4497,so I said no,cause just filed in court,so he said £4000!

So I said ok,letter in post for settlement,he said!

Phoned MCOL,explained ,and they will refund me £120,as the claim didn't go ahead yet!

In total £4120!!!!!!!!!!!!!!!!!!!! !!!!

I hope Evrybody gets it back!!!!!!!!!!!!!!!!!!

Donation as soon as get the money in acc.

Thank you ,guys!!!!!!!!!

I couldn't do it witjout you!!!!!!!!!!!!!!!!!!!!!! :grin: :grin: :grin: :grin:

vbrep_register("648394")

[Rhino69]

I made my monthly payment to Halifax one day late, as I had to take my wife to hospital.

 

When I received my next statement, it showed a £12.00 late payment fee.

 

I wrote to them demanding this back and got the standard rejection letter.

I then sent the following letter and had a refund from them the day after they received it.

It's only £12.00, but it takes me 2 hours to earn that much!

 

(Copy of letter)

COMPLAINT

 

Kelly Duffy

Senior Customer Relations Manager

Executive Office

Customer Relations

Pitreavie Business Park

Dunfermline

Fife

KY99 4 BS 10 March 2007

Ref: RJB/HCS_LPF

Ref: Account No.XXXXXXXXXXXXX

 

Halifax:

Today, I received a letter from a Jillian Lorimer, Complaints and Consumer Guidance, Customer Services.

In my opinion, this person is not cognisant of the facts, or the law, and possibly is not senior enough to deal with my rightful complaint against the offences and unlawful actions committed by Halifax..

I insist that my complaint be brought to the most senior person responsible who has the qualification and experience to deal with my complaint and I shall brook no further delay.

My letter of 20 February clearly stated the undeniable facts and legal precedents, which prove that you have committed offences under the Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). My account falls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 as I am a consumer. Your charges constitute an unfair penalty under reference to paragraph 1(e) of schedule 2 of the said regulations:

Indicative and non-exhaustive list of terms that may be regarded as unfair: - 1. Terms that have the object of effect of - (e) requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation.

You have chosen to ignore these facts showing contempt and disrespect not only to myself but both of the law and to the Banking Code to which you allege to subscribe.

The intransigence and overweening dilatoriness by Halifax to my rightful demand for return of charges unlawfully applied to my Halifax Visa account and your failure to refund said charges has now resulted in a higher amount of interest applied to the balance of this account. I now expect not only the charge of £12.00 to be refunded, but the additional amount of interest applied because of this.

I should not have been forced to pursue this totally unnecessary course of action but for your unlawful actions that have caused me to suffer not only financial, but emotional distress.

Page Two

Additionally, I also demand that all costs incurred by me having been forced to pursue this are paid, which at present, including this communication add up to £22.00.

Any further cunctative action on your part shall only result in a higher cost to yourselves.

Your actions are, as you are well aware, indefensible in a court of law and if necessary, this course of action shall be robustly pursued and the results of such actions shall be made public.

You have failed to provide the name of your Data Controller and the name of your Code Compliance Officer for which I asked. This shall now be reported to the Information Commissioner’s Office and to the Banking Code Standards Board.

Irrespective of your response to this letter, which I expect to be prompt, be advised that your arrogant disrespect of both the law and of myself, strong complaints are now being sent to The Financial Ombudsman, The Banking Code Standards Board, The Financial Services Authority, The Office of Fair Trading and to Trading Standards recommending disciplinary action against you for the offences and violations committed by you in applying said unlawful charges.

You may be aware that the Financial Ombudsman and the banking Code Standards Board are already investigating my complaint against you and I shall continue to pursue this action robustly until I have received full and proper compensation.

You have continually refused to prove that you have any legal right or contractual right to apply the said charges, furthermore you have refused to offer any evidence that the said charges are a true estimate of the administrative cost involved. I shall have no option but to issue a claim.

It is my contention that the charges applied to my accounts are a disproportionate penalty and therefore are unenforceable, and I draw your attention to the following.

Common law Principles (Penalty charges are irrecoverable at common law)

. The precedent for this was:

Dunlop Pneumatic v New Garage [1915] AC 79.

Lord Dunedin set out some tests that are considered even in modern cases when the court is asked to rule on penalty charges.

They are;

1) If it is "extravagant and unconscionable" i.e. that the cost incurred by the business because of the breach is lower than what the consumer is being expected to pay because of the breach.

2) It is also a penalty where the consumer is to pay a larger sum due to failure to pay a smaller sum.

It was held that a contractual party can only recover damages for an actual loss or liquidated losses.

Page Three

Murray v. Leisure play [2005] EWCA Civ 963

“English contract law recognises that, if the parties agree that a party in breach of contract shall pay an unjustifiable amount in the event of a breach of contract, their agreement is to that extent unenforceable”

CMC Group Plc And Others V Zhang [2006] EWCA Civ 408.

“'Whether a provision is to be treated as a penalty as a matter of construction to be resolved by asking whether at the time that the contract was entered into the predominant contractual function of the provision was to deter a party from breaking the contract or to compensate the innocent party for breach. That the contractual function is deterrent rather than compensatory can be deduced by comparing the amount that would be payable on breach with the loss that might be sustained if breach occurred.”

Further or in the alternative penalty charges are also contrary to:

The Unfair Terms in Consumer Contracts Regulation 1999 No 2083

SCHEDULE 2 Indicative and Non-Exhaustive List of terms which may be regarded as unfair

(e) Requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation

Further or in the alternative if the defendants state that there was no breach of contract and that the charges are for a service, then it is the Claimants belief that the defendants have attempted to restructure accounts in order to present events of default spuriously as additional services.

However The Unfair Terms in Consumer Contracts Regulations 1999, are concerned with the intention and effects of terms, not just their mechanism. For example, a charge for 'agreeing to' or 'allowing' a customer to exceed his credit limit is no different from a charge for the customer's 'default' in exceeding his credit limit.

If any default notice has been issued against my name this must be removed immediately.

I shall require proof of any default notice and/or its removal. Failure to do so will result in a complaint to the Information Commissioner for misuse of data under the Data Protection Act.

Additionally, where there has been any event in my account history which has required manual intervention by you, any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

They didn't pay my costs for which I asked, so I'm still going to report them to the FOS.

Rhino69

[eartois2709]

Hello moderator, could you change the title of my thread please,

 

Bank charges settled in full on 16/03/07 **£2325.40** They stupidly calculated what they was giving me in there own letter saying 1884.00 of just charges plus interst and the fee for court of 120.00. Which they calculated to

 

1884+120=2004.00

 

But the total is 1884+(321.40 of interest)+120 which equals to more obviously...

 

And there supposed to be the bank hahaha

 

:grin: ....---Big Result Though---....:grin:

 

Eric (eartois2709)

 

woods v halifax

vbrep_register("652862")

[chancer]

Nice one in ref to the below and keep us posted.

I made my monthly payment to Halifax one day late, as I had to take my wife to hospital.

 

When I received my next statement, it showed a £12.00 late payment fee.

 

I wrote to them demanding this back and got the standard rejection letter.

I then sent the following letter and had a refund from them the day after they received it.

It's only £12.00, but it takes me 2 hours to earn that much!

 

(Copy of letter)

COMPLAINT

 

 

Kelly Duffy

Senior Customer Relations Manager

Executive Office

Customer Relations

Pitreavie Business Park

Dunfermline

Fife

KY99 4 BS 10 March 2007

 

Ref: RJB/HCS_LPF

Ref: Account No.XXXXXXXXXXXXX

 

 

 

Halifax:

 

Today, I received a letter from a Jillian Lorimer, Complaints and Consumer Guidance, Customer Services.

 

In my opinion, this person is not cognisant of the facts, or the law, and possibly is not senior enough to deal with my rightful complaint against the offences and unlawful actions committed by Halifax..

 

I insist that my complaint be brought to the most senior person responsible who has the qualification and experience to deal with my complaint and I shall brook no further delay.

 

My letter of 20 February clearly stated the undeniable facts and legal precedents, which prove that you have committed offences under the Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). My account falls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 as I am a consumer. Your charges constitute an unfair penalty under reference to paragraph 1(e) of schedule 2 of the said regulations:

Indicative and non-exhaustive list of terms that may be regarded as unfair: - 1. Terms that have the object of effect of - (e) requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation.

 

You have chosen to ignore these facts showing contempt and disrespect not only to myself but both of the law and to the Banking Code to which you allege to subscribe.

 

The intransigence and overweening dilatoriness by Halifax to my rightful demand for return of charges unlawfully applied to my Halifax Visa account and your failure to refund said charges has now resulted in a higher amount of interest applied to the balance of this account. I now expect not only the charge of £12.00 to be refunded, but the additional amount of interest applied because of this.

 

I should not have been forced to pursue this totally unnecessary course of action but for your unlawful actions that have caused me to suffer not only financial, but emotional distress.

 

Page Two

 

Additionally, I also demand that all costs incurred by me having been forced to pursue this are paid, which at present, including this communication add up to £22.00.

 

Any further cunctative action on your part shall only result in a higher cost to yourselves.

 

Your actions are, as you are well aware, indefensible in a court of law and if necessary, this course of action shall be robustly pursued and the results of such actions shall be made public.

 

You have failed to provide the name of your Data Controller and the name of your Code Compliance Officer for which I asked. This shall now be reported to the Information Commissioner’s Office and to the Banking Code Standards Board.

 

Irrespective of your response to this letter, which I expect to be prompt, be advised that your arrogant disrespect of both the law and of myself, strong complaints are now being sent to The Financial Ombudsman, The Banking Code Standards Board, The Financial Services Authority, The Office of Fair Trading and to Trading Standards recommending disciplinary action against you for the offences and violations committed by you in applying said unlawful charges.

 

You may be aware that the Financial Ombudsman and the banking Code Standards Board are already investigating my complaint against you and I shall continue to pursue this action robustly until I have received full and proper compensation.

 

You have continually refused to prove that you have any legal right or contractual right to apply the said charges, furthermore you have refused to offer any evidence that the said charges are a true estimate of the administrative cost involved. I shall have no option but to issue a claim.

 

It is my contention that the charges applied to my accounts are a disproportionate penalty and therefore are unenforceable, and I draw your attention to the following.

 

 

Common law Principles (Penalty charges are irrecoverable at common law)

. The precedent for this was:

 

 

Dunlop Pneumatic v New Garage [1915] AC 79.

 

 

Lord Dunedin set out some tests that are considered even in modern cases when the court is asked to rule on penalty charges.

 

They are;

1) If it is "extravagant and unconscionable" i.e. that the cost incurred by the business because of the breach is lower than what the consumer is being expected to pay because of the breach.

 

2) It is also a penalty where the consumer is to pay a larger sum due to failure to pay a smaller sum.

 

It was held that a contractual party can only recover damages for an actual loss or liquidated losses.

 

 

 

 

 

Page Three

 

 

Murray v. Leisure play [2005] EWCA Civ 963

 

 

“English contract law recognises that, if the parties agree that a party in breach of contract shall pay an unjustifiable amount in the event of a breach of contract, their agreement is to that extent unenforceable”

 

 

CMC Group Plc And Others V Zhang [2006] EWCA Civ 408.

 

 

“'Whether a provision is to be treated as a penalty as a matter of construction to be resolved by asking whether at the time that the contract was entered into the predominant contractual function of the provision was to deter a party from breaking the contract or to compensate the innocent party for breach. That the contractual function is deterrent rather than compensatory can be deduced by comparing the amount that would be payable on breach with the loss that might be sustained if breach occurred.”

 

 

Further or in the alternative penalty charges are also contrary to:

 

The Unfair Terms in Consumer Contracts Regulation 1999 No 2083

 

SCHEDULE 2 Indicative and Non-Exhaustive List of terms which may be regarded as unfair

 

(e) Requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation

 

Further or in the alternative if the defendants state that there was no breach of contract and that the charges are for a service, then it is the Claimants belief that the defendants have attempted to restructure accounts in order to present events of default spuriously as additional services.

 

However The Unfair Terms in Consumer Contracts Regulations 1999, are concerned with the intention and effects of terms, not just their mechanism. For example, a charge for 'agreeing to' or 'allowing' a customer to exceed his credit limit is no different from a charge for the customer's 'default' in exceeding his credit limit.

 

If any default notice has been issued against my name this must be removed immediately.

I shall require proof of any default notice and/or its removal. Failure to do so will result in a complaint to the Information Commissioner for misuse of data under the Data Protection Act.

 

Additionally, where there has been any event in my account history which has required manual intervention by you, any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

 

 

 

 

They didn't pay my costs for which I asked, so I'm still going to report them to the FOS.

Rhino69

[Nailz]

I won!

 

Thanks for all your help guys, just over 2 grand!

 

I have made a donation too!

[chancer]

Congrats and remember not to spend it all at once. :grin:

 

I won!

 

Thanks for all your help guys, just over 2 grand!

 

I have made a donation too!